Murphy v. Commissioner
United States Tax Court
Exclusion of Income -- Workmen's Compensation -- Retirement Pay -- Section 22 (b) (5). -- Retirement pay after serving as a state official for 10 years, not based upon incapacity incurred in line of duty and not under the workmen's compensation law, is not excluded from income under section 22(b)(5).
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined deficiencies in income tax of $2,342.59 for 1947, $539.82 for 1948, $616.92 for 1949, and $705.26 for 1950. The issues for decision are whether $3,250 received each year by the petitioner from the Commonwealth of Massachusetts was exempt income under section 22(b) (5) and whether the gain from an exchange of 1 share of stock of T. F. Kelley Company, Inc., for 2 shares of stock of Lowell Liquor Mart, Inc., is not recognized because of some provision of section 112. The facts stipulated are adopted as findings of fact.
The petitioner filed…
2Cases cited2 opinions
- Neill v. CommissionerUnited States Tax Court · 1951
- Waller v. United StatesCourt of Appeals for the D.C. Circuit · 1950
3Cited by11 opinions
- Thomas Take and Janice Take v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1986
- Brown v. CommissionerUnited States Tax Court · 1955
- McDonald v. CommissionerUnited States Tax Court · 1959
- Oliva v. CommissionerUnited States Tax Court · 1956
- Bialecki v. CommissionerUnited States Tax Court · 1964
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